83R7352 MCK-F
By: Smith H.B. No. 1765
A BILL TO BE ENTITLED
AN ACT
relating to the distribution of beer by certain manufacturers.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. The legislature finds that:
(1) the state is authorized under the Twenty-first
Amendment of the United States Constitution to promote the public's
interest in the fair, efficient, and competitive marketing of beer
in this state;
(2) the United States Supreme Court in Granholm v.
Heald, 544 U.S. 460 (2005), has recognized that the three-tier
system of regulating the alcoholic beverage industry is
unquestionably legitimate;
(3) in Granholm, the United States Supreme Court
further recognized that while the states are entitled to regulate
the production and sales of liquor within their borders, the right
is nonetheless subject to the provisions of the Constitution of the
United States, including the Interstate Commerce Clause, and laws
regulating the alcoholic beverage industry may not discriminate
against out-of-state participants or give undue deference to local
participants and may not ignore other provisions of the
constitution, including the Supremacy Clause, Commerce Clause, and
the Privileges and Immunities Clause with its nondiscriminatory
principles;
(4) the state is authorized to promote, market, and
educate consumers about the emerging small brewing industry;
(5) it is in the state's interest to encourage
entrepreneurial and small business development opportunities in
the state that will lead to new capital investment in the state,
create new jobs in the state, and expand the state and local tax
base; and
(6) it is the public policy of the state to exercise
the police power of the state to protect the welfare, health, peace,
temperance, and safety of the people of Texas.
SECTION 2. Section 62.12, Alcoholic Beverage Code, is
amended to read as follows:
Sec. 62.12. SALES BY CERTAIN MANUFACTURERS. (a) A
manufacturer's licensee whose annual production of beer together
with the annual production of ale by the holder of a brewer's permit
at the same premises [in this state] does not exceed 125,000
[75,000] barrels may sell beer produced under the license to those
permittees, licensees, and persons to whom a general distributor's
licensee may sell beer under Section 64.01(2) [of this code].
(b) The total combined sales of beer under this section,
together with the sales of ale by the holder of a brewer's permit
under Section 12.05 at the same premises, may not exceed 40,000
barrels annually.
(c) With regard to [such] a sale under this section, the
manufacturer has the same authority and is subject to the same
requirements as apply to a sale made by a general distributor's
licensee.
(d) [(b)] The authority granted by this section is
additional to that granted by Section 62.01 [of this code].
SECTION 3. Chapter 62, Alcoholic Beverage Code, is amended
by adding Section 62.121 to read as follows:
Sec. 62.121. REPORT OF SALES TO RETAILERS. (a) Not later
than the 25th day of each month, the holder of a manufacturer's
license shall file a report with the commission that contains
information relating to the sales made by the manufacturer to a
retailer during the preceding calendar month.
(b) The commission shall by rule determine the information
that is required to be reported under this section and the manner in
which the report must be submitted to the commission. The
commission may require the report to contain the same information
reported to the comptroller under Section 151.462, Tax Code.
SECTION 4. This Act takes effect September 1, 2013, but only
if the 83rd Legislature, Regular Session, 2013, enacts legislation
that becomes law and that amends the Alcoholic Beverage Code to
allow small brewers to sell ale and malt liquor to retailers. If
the 83rd Legislature, Regular Session, 2013, does not enact such
legislation that becomes law, this Act has no effect.